INTERNATIONAL LAW AND HUMAN RIGHTS

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					    CHAPTER EIGHT:
INTERNATIONAL LAW AND
    HUMAN RIGHTS
            Misrinah Misban
     Faculty of International Studies




            SEM NOV 2005/6              1
• Detailed Contents
• International Law
  – Sources of International Law
  – Enforcement of International Law
  – The Place of International Law
• Human Rights



                   SEM NOV 2005/6      2
Sources of International Law
– Laws within states come from central
  authorities, legislature or dictators.
– Because states are sovereign and recognize
  no CENTRAL AUTHORITY, international law
  rests on a different basis.




                 SEM NOV 2005/6                3
• Then, does international law come from?
• FOUR sources of international law are
  recognized:
  – Treaties
  – Custom
  – General principles of law (such as equity)
  – Legal scholarship (e.g. past judicial
    decisions).

                    SEM NOV 2005/6               4
– Treaties
   • Treaties and other written conventions signed by states are
     the most important source.
– Custom
   • If states behave toward each other in a certain way for long
     enough, their behavior may become generally accepted
     practice with the status of law.
– General principles of law
   • Actions such as theft and assault recognized in most national
     legal systems as crimes tend to have the same meaning in
     an international context.
– Legal scholarship
   • The written arguments of judges and lawyers around the
     world on the issues in questions.


                        SEM NOV 2005/6                              5
• Enforcement of International Law
• International law is much more difficult to
  enforce.
• There is no world police force.
• Enforcement of international law depends
  on the power of states themselves,
  individually or collectively, to punish
  transgressors.
                   SEM NOV 2005/6               6
• The Place of International Law
• DO YOU THINK THAT THE UNITED STATES
  SHOULD FOLLOW INTERNATIONAL LAW,
  EVEN WHEN IT LIMITS U.S ACTIONS IN THE
  WAR ON TERRORISM?
• OR, SINCE THERE IS NO WORLD
  GOVERNMENT HAVE A MORAL RIGHT AND
  DUTY TO DO WHATEVER IT TAKES TO
  DESTROY TERRORISTS AND PROTECT THE
  U.S HOMELAND FROM CATASTROPHIC
  ATTACK, EVEN IF IT MEANS DISPENSING
  WITH INTERNATIONAL LAW?
                SEM NOV 2005/6             7
• Human Rights
            • WE WANTS OUR RIGHTS?




              SEM NOV 2005/6     8
• International norms concerning human
  rights conflict with the state sovereignty.
• Effort to promote human rights are
  routinely criticized by governments with
  poor human rights records.
• For examples China, Russia, Burma.
• NGO- Amnesty International

                   SEM NOV 2005/6               9
• Thank you




              SEM NOV 2005/6   10

				
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